Resolution 12360CITY OF ALAMEDA RESOLUTION NO. 12360
AUTHORIZING PARTICIPATION IN STATE/FEDERAL
SURPLUS PERSONAL PROPERTY PROGRAM
WHEREAS, Public Law 94-519 mandates that surplus
personal property be distributed in a fair and equitable manner
based on the relative needs and resources of interested eligible
agencies and organizations and their abilities to utilize the
property; and
WHEREAS, the City of Alameda is a public agency
established by law; and
WHEREAS, the City of Alameda qualifies to receive
Federal Surplus personal Property; and
WHEREAS, the City of Alameda agrees to all Terms an
Conditions imposed by the California State Agency for Surplu
Property to receive Federal Surplus Personal Property;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the
City of Alameda hereby authorizes the filing of an application for--(f)
participation in State/Federal Surplus Personal Property Program,m<
and authorizes the City Manager to sign the same. -7,11- 0
BE IT FURTHER RESOLVED by the City Council and hereby
ordered that the official(s) and/or employee(s) whose names,
title(s) and signature(s) are listed below shall be and are hereby
authorized as representatives to acquire federal surplus property
from the California State Agency for Surplus Property under the
Terms and Conditions listed on Exhibit A, attached hereto.
NAME
William C. Norton
Robert La Grone
Robert Shiells
Bob Warnick Public Works Director
Robert Pogue Deputy Fire Chief ,
Paul Barneich
TITLE
City Manager
Assistant Fire Chief
EXHIBIT A
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT
(1) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 501 orthe Internal Revenue Code of 1954; within the
meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General
Services.
(2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more
public purposes, or, if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public
health purposes, including research for such purpose, or for programs for older individuals. The property is not being acquired for any other use or purpose, or for
sale or other distribution; or for permanent use outside the state, except with prior approval of the state agency.
(3) Funds are available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI of the Civil
Rights Act of 1964, Title VI, Section 606. of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of
1973, as amended, Tide IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975.
(B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s)
for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify
the state agency and, at the donee's expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the
state agency, provided the property is still usable as determined by the state agency.
(2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon.
(3) In the event the property is not so used or handled as required by (B)(1) and (2), title and right to the possession of such property shall at the option of GSA
revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT
ACQUISITION COST OF S5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS
50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s)
(2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of I8 months
from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of
restriction.
(3) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (B)(1) and (2) have expired then title and right to the possession
of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency
shall direct.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS:
(I) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the
donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state,
without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other
disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA orthe state agency, as the
case may be.
(2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered. or otherwise disposed of by the donee from
the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the
state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair
market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency.
(3) If at any time, from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect. any of the property
listed hereon is no longer suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agency,
and shall. as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency ora department or
agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency.
(4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be
required from time to time by the state agency.
(5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D)
by payment of an amount as determined by the state agency.
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS. APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by the donee is on an as is," "where is" basis, without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with
unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceeds,
of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVING
AN ACQUISITION COST OF S5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED:
The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by the
authorized donee representative.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 5th day of
January , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of January , 1993.
ato, 49d
Diane i. Felsch, City Clerk
City of Alameda